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Docket Surprise: Court Sua Sponte Questions TCPA Class' Standing Because it Includes Single-Text Recipients

In Drazen v., LLC, CIVIL ACTION: 1:19-00563-KD-B2020 U.S. Dist. LEXIS 29995 (S.D. Ala. Feb. 21, 2020) the Plaintiffs filed an unopposed motion for TCPA class settlement and certification preliminary approval.  The named Plaintiffs had varying allegations; the proposed class definition extended to “all persons…who received a call or text message to his or her cellular phone…”  The Court outlined its independent duty to inquire as to its subject matter jurisdiction sua sponte whenever it may be lacking; so the judge did.  For a TCPA plaintiff to be in federal court, under Spokeo, an actual injury must have occurred.  The Court explained that recently under Salcedo v. Hanna, the 11th Circuit held that an individual’s receipt of a singular text message was not a basis for federal jurisdiction of a TCPA claim, as it is not a concrete harm that satisfies Article III of the Constitution. 

Therefore, the court ordered the parties to file briefs explaining how this case is distinguishable from Salcedo, and the basis for standing as to the single-text message only class members.  The Court acknowledged that the parties may just amend the settlement class definition in light of the order.  Neat ruling.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 56


About this Author

Jason M. Ingber Litigation Attorney Squire Patton Boggs Los Angeles, CA

Jason M. Ingber’s practice focuses on consumer class action defense and breach of contract litigation. Jason specializes in cases brought under the Telephone Consumer Protection Act and has handled all phases of litigation in cases involving consumer protection statutes, including the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the California Homeowner Bill of Rights.

Prior to joining the firm, Jason defended over a hundred single plaintiff consumer disputes. He has also managed pro bono matters.

While at the UCLA School of Law, Jason...